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Fertilizer shortages in Argentina

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  • Fertilizer shortages in Argentina

We note that number of recent cases concerning shortages of fertilizers in bulk when arriving in Argentinean ports that have lead to customs fines. After reviewing the relevant laws and cases, we would like to recommend owners to control the off loading not only through draft survey but also by carrying out an off loading survey by checking each truck alongside the ship and at the shore scales as the official weights for customs purposes are controlled through this method.

In the case that owners deem the draft survey plus the loading control is an expensive exercise for their burden, one alternative that we have considered for is to proceed in the following way:

  1. Draft survey to be carried out at loading if possible involving local customs.
  2. If possible, all access to cargo spaces including hatch covers to be sealed upon completion (recommended) jointly with the customs authorities at the loading port.
  3. Before ship’s arrival to Argentina collated letters to be passed by agents to Customs/Receivers inviting them to carry out a joint draft survey on arrival and then to jointly proceed with the breaking of seals placed at the load port.
  4. Upon completion “empty holds certificate” to be jointly issued between all parties concerned.

If proceedings are commenced for any discrepancies, the attending lawyer would have more elements to try and defend the charges/fines by stating that both Customs/receivers were given the opportunity to attend onboard so as to comply with the aforementioned steps.

Moreover, owners are advised to at least go ahead with a draft survey and they should be ready for a LOU to be issued in the agents favor in case of any discrepancies upon completion of discharge.

Source of information: Pandi Liquidadores S.r.l

 

阿根廷肥料短缺

近期到达阿根廷港口的散装肥料多次出现货物短缺问题,并导致海关罚款,因而,在总结了相关法律和案例后,我们建议船东在进行卸货作业的过程中,在采取水尺计重的同时,也通过检验船边停放在岸上计重仪表上的卡车进行计重,因为通过该方法取得的货物重量是用于报关的官方资料。若船东认为水尺计重外加装载控制操作对于船东来说成本较高,我们认为可采取下列措施:

  1. 应在装货港进行水尺计重时尽量涉及当地海关部门。
  2. 在装货港装货完毕后对所有货舱的入口包括货舱进行密封(建议与海关官员一同进行)。
  3. 在船舶到达阿根廷之前,由代理人将核对无误的证书递交海关/收货人,并邀请其在船舶到达时共同进行水尺检验以及共同拆封货舱。
  4. 卸货完毕后,相关各方应共同出具”空舱证书”。

对因短缺问题引发任何诉讼序,建议可以海关/收货人均有机会上船采取上述措施检验货物重量为由来进行抗辩,拒绝支付额外税费/罚款。同时船东至少提前进行水尺计重,若完成卸货存在任何短缺,应做好准备出具以代理为受益人的担保函。

信息来源: Pandi Liquidadores S.r.L

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